Shambhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19774 of 2024 ====================================================== 1.

Shambhu Singh Son of Late Kameshwar Singh, Resident of VillageHawanpura, P.O. Bhandri, P.S. Rahui, District- Nalanda. 2.

Shyam Kishor Singh, Son of Late Munshi Singh, Resident of VillageHawanpura, P.O. Bhandari, P.S. Rahua, District - Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Collector, Nalanda.

3.

The Additional Collector, Land Reforms, Nalanda. 4.

The Sub-Divisional Officer, Nalanda.

5.

The Circle Officer, Rahui, Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Bansh Dubey, Advocate For the Respondent/s :

Standing Counsel (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2025 Though the present writ petition has been filed by the petitioners for quashing the notice dated 23.11.2024 passed in Encroachment Case No. 01 of 2024-25, by the Circle Officer, Rahui, District-Nalanda i.e. the respondent no. 5, however, upon the intervenor having brought to the notice of this Court that the final order has already been passed by the respondent no. 5 on 23.11.2024 in connection with Encroachment Case No. 01 of 2024-25 under Section 6(1) of the Bihar

Patna High Court CWJC No.19774 of 2024(2) dt.07-01-2025 2/2 Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act, 1956'), as has been annexed to I.A. No. 01 of 2025, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the same by filing appropriate appeal under Section 11 of the Act, 1956, however, seeks some protection during the interregnum period. Liberty, so sought is granted.

2. It is needless to state that for a period of four weeks from today, status quo, existing as on today, qua the land/houses of the petitioners in question shall be maintained in order to enable the petitioners to file appropriate appeal and seek interim relief.

3. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U